James Fleming, post: 396799, member: 136 wrote: Realtor: I'd like a copy of the previous survey
Surveyor: I'd like to date Elizabeth Hurley...guess we're both out of luck
I don't know who Elizabeth Hurley is, but that is the funniest thing I have read all day!
Special for Nate:
My wife says she could probably nurse twins, if she were inclined!
🙂
SURVEYLTD, post: 396785, member: 319 wrote: Well, the above answers are good, but you want to be a diplomat and not get the realtor mad at you, when you tick one person off, 10 other people hear about it.
I do not really care about saving grace with someone or any group that expects me to charge 50% of my normal fees to satisfy their wants.
The same realtors have failed to respect me as a surveyor for 40yrs and continue find someone that accepts mortgage report prices for an actual survey.
I do not want to collude with an appraiser who undervalues property because he would be out of a job when people's taxes suddenly went up.
All the realtors I know had a real job before they decided to get a hobby of being a realtor.
Just got our boards fall newsletter. I think page 7 is fitting for this conversation.
I think I have worked behind a few of them before and a few others that were shady. My dang belly hurts cause I try to be the best surveyor I can be and you have folks out there sending their wives to seminars and what not. Guess I ain't doing so bad after all.
"INADEQUATE DESIGN DOCUMENTS"
What the heck is that? That sounds like a terribly arbitrary determination that should not be used as an excuse to punish anyone. I mean, put FrancisH in charge of evaluating survey plats and we'd all lose our licenses for inadequate documents.
Holy Cow, post: 396855, member: 50 wrote: "INADEQUATE DESIGN DOCUMENTS"
What the heck is that? That sounds like a terribly arbitrary determination that should not be used as an excuse to punish anyone. I mean, put FrancisH in charge of evaluating survey plats and we'd all lose our licenses for inadequate documents.
I couldn't pull it up on my phone, but there is a violation look up on the homepage of ncbels.org. There should be a very detailed document stating every rule broken.
[USER=291]@Nate The Surveyor[/USER]
[USER=136]@James Fleming[/USER]
Nate: Loved your wife's comment about Elizabeth Hurley and her potential, if inclined. I'm guessing James Fleming has enough inclination to take care of the inclined part. Or horizontal. Or vertical. Or laterally. Or.....................
I went to a class that Walt Rollibard was teaching. One (of many ) statements was that he gives out one plat and doesn't keep anything, notes, etc. Plat should stand by itself. Found that very interesting.
Sent from my SM-G925V using Tapatalk
Jim in AZ, post: 396790, member: 249 wrote: I don't believe that any Board would revoke a license for failure to record 1 map...
Jim,
The surveyor's name is Terry Gilmore.
https://cases.justia.com/arkansas/court-of-appeals/55601.pdf
DDSM
Dan B. Robison, post: 396876, member: 34 wrote: Jim,
The surveyor's name is Terry Gilmore.
https://cases.justia.com/arkansas/court-of-appeals/55601.pdf
DDSM
Thanks, Dan.I don't have time to read and analyze the entire case right now, but I did get far enough to determine that I would never practice in a State that operates that way. That Board decision would not fly here, and if it did would probably be reversed in a Restriction of Trade Complaint against the State. I'm sure there's more here than meets the eye...
Jim in AZ, post: 397118, member: 249 wrote: Thanks, Dan.I don't have time to read and analyze the entire case right now, but I did get far enough to determine that I would never practice in a State that operates that way. That Board decision would not fly here, and if it did would probably be reversed in a Restriction of Trade Complaint against the State. I'm sure there's more here than meets the eye...
The board may have issued a punishment more severe than what may seem right, but the court concluded they didn't do anything wrong and properly acted within there sole authority to enforce the statues. It was undisputed that the Surveyor was definitely in error, and his key argument was that no one else had faced such a severe punishment for such an infraction, even the statue allowed the board to revoke for his infraction. The court had no sympathy and simply concluded none of the previous cases applied, that in this one situation the board didn't do anything wrong and had properly enforced the written laws.
That's not to say at all that Gilmore had a compelling argument to keep his license, it just seems that he did a very poor job of defending himself in front of the board. The record reflects him blaming 'his divorce, his computer, his stepson, and even his client'. That kind of argument won't get anyone very far. All his accusations about impropriety and 'arbitrary, capricious' decision making on the part of the board came much later. Too little, too late it would seem.
I have been burned by to many real estate agents to do anything for free or without upfront payment. Period. I am not in a recording state and my records are mine. As was said they don't sell for free, and closings aren't free why should the surveyor be expected to provide free service?
Ron Lang, post: 397331, member: 6445 wrote: I have been burned by to many real estate agents to do anything for free or without upfront payment. Period. I am not in a recording state and my records are mine. As was said they don't sell for free, and closings aren't free why should the surveyor be expected to provide free service?
And when I asked why I require upfront payment, I am completely honest. Too may "realtors" have stiffed me. It's not that I don't trust you It's that I don't trust any realtor.
tfdoubleyou, post: 397308, member: 12051 wrote: The board may have issued a punishment more severe than what may seem right, but the court concluded they didn't do anything wrong and properly acted within there sole authority to enforce the statues. It was undisputed that the Surveyor was definitely in error, and his key argument was that no one else had faced such a severe punishment for such an infraction, even the statue allowed the board to revoke for his infraction. The court had no sympathy and simply concluded none of the previous cases applied, that in this one situation the board didn't do anything wrong and had properly enforced the written laws.
That's not to say at all that Gilmore had a compelling argument to keep his license, it just seems that he did a very poor job of defending himself in front of the board.
https://caseinfo.aoc.arkansas.gov/cconnect/PROD/public/ck_public_qry_doct.cp_dktrpt_frames?backto=P&case_id=60CV-08-404&begin_date=&end_date=
If this doesn't work, search Arkansas Court Connect "GILMORE, TERRY".
60CV-08-404 Pulaski County Circuit Court
https://caseinfo.aoc.arkansas.gov/cconnect/PROD/public/ck_public_qry_doct.cp_dktrpt_frames?backto=P&case_id=60CV-08-404&begin_date=&end_date=
DDSM
Ron Lang, post: 397332, member: 6445 wrote: And when I asked why I require upfront payment, I am completely honest. Too may "realtors" have stiffed me. It's not that I don't trust you It's that I don't trust any realtor.
Exactly!! If you want to get on my field schedule for work, you have to leave a deposit OR a credit card number. that filters out the price shoppers quick. And NO free copies of any work, even to clients. They get their official copies when the project is done. It's not my fault if they don't keep their important documents. (and I know that's a common sneaky way for people to try to get old maps....Oh, I lost mine, or .......It's at my winter/summer home!) Nope!
Why do we feel like we have to justify these things? "Nothing personal, that's just my policy" should be enough. It should be written into our contracts. As others have pointed out, trying to provide justification can lead you to incriminating yourself.
Not that we should be sticking it to realtors or anything, but a reasonable fee for copies of old surveys written into our fee schedules is appropriate. Or a written policy of just not providing copies to anyone, and then sticking to that policy.
I agree with explaining the liability and the cost. I give them an 'update' price to update the plat and make sure it's up to date. Then I redate it.
If it's someone I work for a lot and they just want to see a copy, rarely will I do this, but if I do, sometimes I just PDF the 'meat' of the plat with no titles and I put a watermark across it stating it is an unofficial copy. But I usually just say I need to update it first.